Product safety reporting duties compared

United States: section 15(b)

Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. 2064(b), applies to every manufacturer, distributor and retailer of a consumer product in commerce ¹. A firm that obtains information which reasonably supports the conclusion that a product fails a safety rule, contains a defect that could create a substantial product hazard, or creates an unreasonable risk of serious injury or death must immediately inform the Commission ¹. No report is needed where the firm knows the Commission has been adequately informed ¹.

If the Commission finds a substantial product hazard after a hearing, it can order public notice and repair, replacement or a refund ¹. A recall notice ordered under the section must include a description and photograph of the product, the action taken and the hazard ¹.

Canada: section 14 of the CCPSA

A person who manufactures, imports or sells a consumer product for commercial purposes must give the Minister all information in its control about an incident within two days after becoming aware of it ². The manufacturer, or the importer where the manufacturer is outside Canada, must send a written report within 10 days, or within a period the Minister sets by written notice ². The report covers the incident, the product, similar products and proposed measures ².

Australia: two reports, two days each

Section 128 of the Australian Consumer Law requires a supplier to tell the Commonwealth Minister of a voluntary recall within 2 days of taking recall action ³. The ACCC receives the notice for the Minister ³. If the first day falls on a weekend it counts as day one, and if the second day falls on a weekend or public holiday the form is due by the end of the next business day ³.

A separate mandatory report is due within 2 days of becoming aware of a death, serious injury or illness associated with a consumer product, whether or not the product was recalled ³. A supplier that sent recalled goods overseas must give the Minister a copy of its notice within 10 days of informing overseas persons ³. The ACCC sends its draft public notice to the supplier for review, usually with 5 business days to reply ³.

United Kingdom and European Union

Regulation 9 of the General Product Safety Regulations 2005 says a producer or distributor that knows a product poses risks incompatible with the general safety requirement must forthwith notify an enforcement authority in writing, with the action taken to prevent risk ⁴. The OPSS page says market surveillance authorities record unsafe products notified by businesses on the Product Safety Database ⁶.

In the EU, manufacturers, importers, distributors and online marketplaces report dangerous products through the Safety Business Gateway ⁵. Manufacturers report accidents causing death or serious harm to health without undue delay ⁵.

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